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The Legal Rights and Responsibilities of Teachers
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The Legal Rights and Responsibilities of Teachers
Issues of Employment and Instruction


Other Titles in:
Education | Legal Issues

April 2011 | 352 pages | Corwin
Most teacher education programs offer little, if any, instruction on Education Law. Consequently, teachers (in general) are not well-versed in the intricacies of the law as it applies to their own employment and their responsibilities as instructors. In light of this dearth of information about law by most teachers, this book is designed as an easy-to-read, practical manual that addresses the key legal issues that teachers confront on a daily basis. While many books on the market are aimed at school administrators, few are designed primarily for teachers. Those that are, tend to be overly broad in scope. This book, then, intends to help fill that gap by providing a concise, practical guide that specifically targets the areas of the law that are of most concern to teachers.

In the employment context, the book intends to present information about teacher certification, employment, tenure, evaluation, and dismissal along with issues related to collective bargaining and teacher contracts. The book will also review the constitutional rights of teachers, including freedom of speech and religion. In addition, the book plans to provide information on how teachers can avoid liability when dealing with discrimination and harassment based on race, ethnic origin, gender, sexual orientation, age, religion, or disability, regardless of whether it is at the hands of supervisors, peers, or students.

In the instructional domain the book is designed to explore the rights and responsibilities teachers have in the instructional process. This will include topics such as what can and cannot be taught, academic freedom, methodology, grading policies, student records, and copyright law. Information will be provided about tort liability and the teacher's responsibilities regarding the safety and well-being of his or her students as well as his or her own protections from defamation and rights of self-defense.


 
Preface
 
Acknowledgments
 
About the Authors
 
1. Introduction: The Historical and Legal Foundations of Public Education
Introduction

 
A Brief History of Public Education in America

 
Legal Fundamentals of Education

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
2. School Governance and the Teacher
Introduction

 
The Role of the Federal Government

 
State Education Agencies

 
Local School Boards

 
School Finance and Use of Property

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
3. Basic Constitutional Rights and Freedoms
Introduction

 
First Amendment Rights

 
Privacy

 
Due Process

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
4. Employment Terms and Conditions
Introduction

 
Teacher Certification or Licensure

 
Privacy Rights of Teachers

 
Salaries and Terms of Employment

 
Leaves of Absence

 
Teacher Evaluations

 
Resignations

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
5. Collective Bargaining
Introduction

 
Historical Background

 
Bargaining Units and Their Composition

 
Union Rights

 
Dispute Resolution

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
6. Prohibitions Against Employment Discrimination
Introduction

 
Race, Color, Ethnicity, or National Origin

 
Gender

 
Religion

 
Disability

 
Age

 
Genetic Information

 
Retaliation

 
Affirmative Action

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
7. Teacher Discipline, Dismissal, and Due Process
Introduction

 
Tenure Rights

 
Progressive Discipline and Dismissal of Teachers

 
Reduction in Force

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
8. Curricular and Instructional Issues
Introduction

 
Control of the Curriculum and Academic Freedom

 
Student Records

 
Copyright Law

 
Using Technology in the Classroom

 
Special Education and Programs for English Language Learners

 
Summary and Recommendations

 
Frequently Asked Questions

 
What's Next

 
Endnotes

 
 
9. Tort Liability
Introduction

 
Definitions and Types of Torts

 
Educational Malpractice

 
Civil Rights Violations

 
Summary and Recommendations

 
Frequently Asked Questions

 
Endnotes

 
 
Resource A: Court Systems and the Authority of Courts
Functions and Duties of the Courts

 
Organization of the Federal Court System

 
State Courts

 
Court Jurisdictions

 
 
Resource B: Legal Resources and References
Laws and Regulations

 
Court Decisions

 
Understanding Legal Citations

 
 
Resource C: Basic Legal Research: Maintaining Currency in an Evolving Legal Environment
Keeping Abreast of Legal Developments

 
Useful Education Law Websites

 
 
Glossary of Terms, Acronyms, and Abbreviations
 
Index

"Now teachers have an absolute desk-reference that could be called 'How to Stay in the Classroom and Out of the Courtroom!'"

John Casper, District Achievement Gap Coordinator
Kentucky Department of Education

"A clear understanding of rights and obligations allows teachers to approach their jobs with confidence, and will allay any fears based on rumor or misconceptions of the law."

Karen L. Fernandez, Teacher
Denver Center for International Studies

"Reading this book is the next best thing to taking a class on educational law. It could well serve as the resource for such a class!"

Deanna Brunlinger, Science Teacher
Elkhorn Area High School, WI

"Uses real-world applications and issues to apply legal concepts and tested decisions to the entire educator environment. Chapters are packed with legal references and anotations for further research and clarifications."

James A. Cox, Editor-in-Chief
The Midwest Book Review, August 2011
Key features
The book will include useful, practical suggestions and brief vignettes for dealing with specific situations and frequently asked questions at the end of each chapter. Also:
Appendix with legal case summaries
Glossary
Index

Sample Materials & Chapters

Osborne_Legal_Rights_preface

Osborne_Legal_Rights_Ch1


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ISBN: 9781412975469
$46.95

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